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Home My WebLink About61 Larry Landry Co 1400 Airline Dr 1.3.78TO WHOM IT MAY CONCERN : The Zoning Board of Adjustment will c onsider a request for variance from Larry Landry Comp any at their called meeting in the Council Room of the College Station City Hall at 7 :30 p . m. on Tuesday , January 3 , 1978 , the nature of the case being as follows : The applicant requests a variance to the rear setback requirements of the Zoning Ordinance in order to construct townhouses at 1400 Airline Drive. Further inf orrnation is available at the office of the Building Official of the City of College St ation. Willi am. F . Koehler Building Official CITY OF COLLEGE STATION PO ST OFFI CE BOX 9960 1 1 0 1 TE XAS AVENUE CO LL EGE STA T ION , TE XAS 77 840 December 29 , 1977 MEMORANDUM TO: FROM : SUBJECT : Zoning Board of Adjustment Building Official ~~ Variance request from Larry Landry Company 1 . The applicant has applied for a conditional use permit to con- struct townhouses on ten townhouse lots at Southwood Drive and Airline Driv e . Hi s plan c alls for a dwelling and garage structure , separated by an open private courtyard on each lot. The garage structures are proposed to be built on the rear lot line facing a 55 foot deep open space to be owned in connnon by all of the lot owners . The variance requested is to waive the 20 foot rear set- back requirements of the ordinance. 2 . The applicant cites the existence of the 55 foot common space as the unique and special circumstance of the land in this case and states that this space accomplishes and exceeds all of the purposes which would have been served by a rear setback in the normal case where the rear lines would abut other properties . 3 . The applicant 's option of re-designing his structures would result in a less than optimum use of space which wo uld leave him with unsaleable and impractical units with no private open space . He could re-plat the lots to obtain an additional depth , but this would be strictly a paper change to ov ercome a technicality , and we agree that no practi cal pur- pose would be served by the delay and expense involved in doing this . There would be no physical change whatsoever , and opportunity for common maintenance of access ways could be impaired by this arrangement . 4. Because of the connnon space in the rear , we can see no detriment to the public interest in the proposal. We reconnnend that , should the ,· T • I I Memorandum/Zoning Board of Adjustment December 29 , 1977 Page 2 variance be granted, it be specified that an instrument establishing the common space and restricting its use and omership be filed in the public records before construction permits are issued. io/3 I !ol~ !ol I -r-------- I / &qr.iu~ __ b& -/ _;; --'---r---&;lo11c&, hi 3 7 I~ ,N .__ ______ _.:.__--::-ffll...--;~L.....:...-:-----;:--:-\------~----:----::---:-1~·~ ' • ,._ •• ' I , ; • ' ' ' • ' \ • • ~ff' ' pro ' I I " I II • I I • : ' ' ' t; . ~ '! . I •, ',' • • I ' ' • ' 'I ' • • c~ ' ',: I ' '•. I : I'\ ~ •' \ -,' II I '.:I I ' • r ' ' J •. \ ,, ' ' ' . ' ·' . -. r ' ' . ' . l ' • r I , • "' " ., ' .... . " • '' t 1 .. . ' ... : ffO/ll 38.7/:v;~r37-[) 37-C 137-8 37-I ' 37-JI 137-6 I : :::....:::..__-4---__.;::i_..:...o_' -~-__ Pro _ _ ! 1 lli l _ Z O ~ _ --+----- ()I CoriJ ./ A IRL /;VE V£ ZO:~I:\C r;1.1.\i"'!.D OF ;\D .JUSH '.E~~T Pr:OC E!J'...'KE FOR FIL TNG A REQUF.ST FO ?.. V:\RIM:CE (l) Iu or der for th e BoorJ to co:1 sid e r a case, there must be on fil P a co:ipl 2u:: appl i c;:ition for a building p ~rrait which !1 a s been rej ecte<l . by the Buil ding Official and a cor.i pleted "Request for Variance" ~pplication. If some unique circumstance renders a full design impractical, and if the B~ard consents, the appeal may be b as ed on a decision rendered in writing by th e Building Official in reply to the applicant's written inquiry as to the effect of a particular zoning requireraent on a proposed plan. A cooplete 'application for variance r.iust also be filed along with any drawings or data nece ssary to show the nature and e x tent of the variance~. (2) There will be no item placed o:::i the Board agenda nor an)? notice published uutil all of the raaterials mentioned above are complete and in hand. We provide no materials to the Board in support of a variance exc:ept that which we receive from the applicant and can reproduce in-house (8 1/2 x 14 max size, line work)~ (3) A?plication; page (1) (a) The building department wi ll fill in the date of the hearing and the date of notific ation . (b) The applicant .will fill out the rest of . the . form. (~) Owners withi n 200 feet may be determined by scale from the 1"=100' scale st::-eet map series on file in our office.-··- o'.,,-ners i:-1ho se property in any p ar t falls ~.:ithin the 200 foot d is tance should be listed . Heasurement starts fro:n th~ property line of tne lot or tract in q uestion> or, i f the tract is bounded by a street, from the o pp os i te .side of the street. (d) Th e na;:ies and addresses raust be as they nppear on City tax. rolls, even if they are wrong or out of date. (4) Application; page (2) (a) The building department will assist you in finding the zoning. of the tract, identifying the section of. the ordinance and specifying the variation. (b) The remaining three section adtlress themselves to the three findings that the Board r.?ust make in order to grant a variance. If the Board cannot agree with any one of these, they will not b e able to grant the variance. (c) The application will be sent to the Building Official, City Engin eer and Fire Harshal for coiTIIilent on any .facts within th~ir kno~ledge which nay b e ar on the case. (5) ~otice of the h earing will b e published on the Wednesday preceeding the neeting a nd will b e rL!ailed by the building department to the own~rs wit hin 200 fe et . The complete application must be received by the close of business on the Monday preceedi ng the date of publication in order for us to meet th e publisher's deadline. ~I :'iii. -. • ~ (6) Should any person desire to atJ?eal a decision af .. the Board, h~ should so st ~t~ .:if ter the conclusion ·of the hearing. 'Ih~ chairman will complete his state r.1ent of findings \,•liich uill c o ::l s titute filing of the d e cision. Minutes of th e me e ting, subject to ap p roval of the Board, will be prepare d by th e clo s e of business on the fo llo ~·:ing day. A duplicate tape of the proceedings will be ma de available to the app e llant's attorney upon request and upon receipt of co mpensation for the 120 minute cassettes used for the duplication. No transcript is made of the hearings. Minutes of the pro- ceedings are paraphrased as appropriate, in the judgement of the recorder, to reflect points of the discussion pertinent to the decisions rendered. , \ .--·-=... -•. ;. '· ' ~i ;>-'.. .: J. <--.:_..,'-t V .J.. . "- .. ::.l'?LIC _~:.t'IO ~f P.p p licc..t ion Df.!.t c ,.. Rec 1 d by~~~~~~~~ 1.x:e o f Ap )2-ies1t. LA~f<'/ LAkJDR'-/ Co. ~~~~~~~~~~-'----=-~~'---'~~~~~~~~~~~~-'-~~ 30 09 E 29 r 14 . BRYAv Tx 7780l ?~::ir:.e __ 8~4'-'fi...__-..... 8 ..... 8._4_.__.<4..__ __ Lo t 31 · Blo:::k _____ s u a:1i visi on. _~ ___ W_V----~__,2=---- , \ Action reqnested: (Appeal, Ho?J.conforr.ii~g Use, Variance) 1 -VAR I A Al CE- Da te set fo:r.-hearing X 3 ~A .v 7 8 Adjoi.11ers notified -Mailing Date ·~----------~-----------~----~ lf JiJiIE ADDRESS From CUI'!'ent tax rolls, College Station Tax Assessor .. P ~g e 2 of 2 File No. ______ _ RE QUE ST FOR VARI .AN GE Present zoning of land in question/ R -3 Section of ordinance from which variance is sought . 'S -E 4 1 -"Ta 61 !Z '1 A 11 The following specific variation from the ordinance is reque s t e d: To ....fJ)_Q~~qnt . +.owo hovse-~ u,;thoot +-ht zo Pt reQ/c -6eJbu.dc_ This variance is necessary due to the following unique and special conditions of the land not found in lL~e districts: A 5o1 Coro m 011 ad~ o i /1 s th e se / ~ t 5 a~ +h <l rear q, ncl · ±he cxd;oaJ\ce uJa~ wr i lie-n ) aod l.Vue ()O~ antici pa.~d . . The following alt_ernatives to the requeste d variance are .pos s ible: {(e -pla..~ fo O~i qn Cf>mfflOf\ a rea Jo (l4C~ lo r o.nd prou icle Co n frCL C'..fv~f O.frCLnqeme,ats ~r jo1'nf access The-r-e . woulJ be . no F'hl.{ sjca.J cli~qe ,· b~ there woulJ be de)a~ , e.xprn5e Jo p1.uchc..~er<., and · eon u <;. i o Y'I . o fk De.ed e e c_cy-,J ~ . - This variance will n6tbe contrary to the public inte rest by virtue of the following facts: The or~q iaaf r urpo~~ D f the /e./}V' 5etk0-ck wa..s to provide Dhe!l ~ce . \he .n1\kl'lc.e . of tk~ e,ommM >"»ore ~om mee-~ th i '.> re[ remeaf. A c.re~~ QoJ 1Ai Ii ft'e \ w 1' ii ouvp~ "Vl 0;aumen~ in common. as a,(l u \ s application are true and correct. Da te · .~ . rn~o--ro-n.J urn , De..~ z....5J 1 11. II . . REVIEW AND CO MHE.N T: Fire Marshal :_ldj.!t_ ________________ _ REVIEW AND CONMENT : The Zoning Board of Adjustment has exrunined the facts presented herein and · reflected in the minutes of the public meeting of . and have determined that the reques ted variance (IS / IS NOT) contrary to the public interest and that unique and special conditions (DO /DO NOT) exist as stated herein and as reflected in the minutes of the Board's proceedings and the variance as requested herein (IS / IS NOT ) approved subject to the foJJ.ow:ing terms and con ditions: ·. -_ ... -~ .__ .~-. ~ ...... --~ --.~ - -Chairperson,' Zoning. Board of Adjustment Date Filed NOTE : Any person or persons or any tax;iayer or any officer, department, board, commission or committee of the City, jointly or severally, aggrieved by any decision of the Board of Adj~stment, may present to a court of record a petition, verified, setting forth that such decision is iJJ.egal, in whole or in part, specifying the grounds of the iJJ.egality. Such petition shaJJ. be presented to the court within ten (10) days after the filing of the decision in the office of the Board. ·l